États-Unis d'Amérique
Droit d'auteur et droits connexes
1. Please explain whether and how Slovenian law provides protection for works, phonograms and performances from other WTO Members, and whether and how it does so on the basis of national treatment, as required by TRIPS Article 3 (generally, with respect to all copyrights and neighbouring rights) and Article 9.1 (incorporating Berne Article 5(1)). In particular, please explain how national treatment is afforded with respect to the distribution of levies for private copying under the relevant provisions of Slovenian law.
Under the Slovenian 1995 Copyright and Related Rights Act (hereinafter referred to as the "Copyright Act"), foreign rightholders of copyright and related rights enjoy the same protection as Slovenian citizens or legal entities, if an international agreement so provides or if other legal grounds exist (see Article 176(2)). It should also be noted that Article 8 of the Constitution of the Republic of Slovenia provides for direct applicability of ratified and published international agreements. These provisions obviously cover the TRIPS Agreement, the Berne Convention (1971) and the Rome Convention, to which Slovenia is a party. Consequently, the protection of works, performances and phonograms from other WTO Members, based on the principle of national treatment, is fully implemented in Slovenian law. While provisions on levies for private copying will become applicable in two years after the coming into force of the Copyright Act (i.e. 29 April 1997, see Article 187(1)), national treatment will be afforded to rightholders from WTO Members on the basis of TRIPS.